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A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence 1 to 6 shall be confiscated, respectively.
Reasons
Punishment of the crime
A person who intends to import medicines, etc. shall obtain permission from or report to the Minister of Food and Drug Safety under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare, and may not sell or acquire for the purpose of sale.
1. From Sep. 20, 2012 to Sept. 24, 2012, the Defendant purchased twitmarate salt 5,000 (50,000 won in the Chinese Republic of China) from a person who was unaware of his/her name from Sep. 20, 2012 to Sept. 24, 2012, and imported twitmarate 5,000 without obtaining permission or filing a report with the Minister of Food and Drug Safety by putting the said Tlama salt 5,000 in a non-public air through the Incheon Airport.
2. From Apr. 13, 2013 to Apr. 20, 2013, the Defendant purchased 6,000 Tlamarate salt 6,00 from his/her name in China from his/her name in China, and imported tlama salt 5,000 by putting the said Tlama salt 6,000 in a non-public air route and without obtaining permission from the Minister of Food and Drug Safety or filing a report thereof.
3. 피고인은 2012. 11월 초순경부터 2013. 4. 25.까지 수원시에 있는 수원역 일대와 안산시 원곡동에 있는 중국은행 일대에서 중국인들이 다수 사용하는 SNS인 ‘큐큐(QQ)’와 ‘위신(wechat)’에 ‘취마도’, ‘취마도를 판매합니다’라는 글을 올린 후 위 SNS를 보고 연락한 중국인들에게 위와 같이 밀수한 트라마돌염산염을 10정당 10,000원씩을 받고 판매하는 방법으로 합계 약 360정의 트라마돌염산염을 판매하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police and prosecutorial examination of the accused;
1. Seizure records;
1. Status of individual entry or departure;
1. Each report on investigation;
1. Application of each statute on photographs;
1. Relevant provisions for facts constituting an offense and the Pharmaceutical Affairs Act concerning the selection of punishment, respectively;